Bill Text: MS HB44 | 2013 | Regular Session | Introduced


Bill Title: Prescriptions; require certain information to be included on form.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-02-05 - Died In Committee [HB44 Detail]

Download: Mississippi-2013-HB44-Introduced.html

MISSISSIPPI LEGISLATURE

2013 Regular Session

To: Public Health and Human Services; Judiciary B

By: Representative Monsour

House Bill 44

AN ACT TO AMEND SECTION 73-21-115, MISSISSIPPI CODE OF 1972, TO REQUIRE THE NATIONAL PROVIDER IDENTIFIER AND DRUG ENFORCEMENT AGENCY NUMBERS OF THE PRESCRIBER TO BE PRINTED ON PRESCRIPTION FORMS; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 73-21-115, Mississippi Code of 1972, is amended as follows:

     73-21-115.  (1)  (a)  Every prescription written in this state by a person authorized to issue such prescription shall be on prescription forms containing two (2) lines for the prescriber's signature.  There shall be a signature line in the lower right-hand corner of the prescription form beneath which shall be clearly imprinted the words "substitution permissible."  There shall be a signature line in the lower left-hand corner of the prescription form beneath which shall be clearly imprinted the words "dispense as written."  The prescriber's signature on either signature line shall validate the prescription and shall designate approval or disapproval of product selection.

          (b)  The prescription form shall also contain the prescriber's National Provider Identifier number and the prescriber's United States Drug Enforcement Agency number printed on the prescription.

     (2)  If a prescription form which does not contain the two (2) signature lines required in subsection (1)(a) of this section is utilized by the prescriber, he shall write in his own handwriting the words "dispense as written" thereupon to prevent product selection.

     (3)  A pharmacist licensed by the Mississippi State Board of Pharmacy may dispense a one-time emergency dispensing of a prescription of up to a seventy-two-hour supply of a prescribed medication in the event the pharmacist is unable to contact the prescriber to obtain refill authorization, provided that:

          (a)  The prescription is not for a controlled substance;

          (b)  In the pharmacist's professional judgment, the interruption of therapy might reasonably produce undesirable health consequences or may cause physical or mental discomfort;

          (c)  The dispensing pharmacist notifies the prescriber or his agent of the emergency dispensing within seven (7) working days after the one-time emergency dispensing;

          (d)  The pharmacist properly records the dispensing as a separate nonrefillable prescription.  Said document shall be filed as is required of all other prescription records.  This document shall be serially numbered and contain all information required of other prescriptions.  In addition it shall contain the number of the prescription from which it was refilled; and

          (e)  The pharmacist shall record on the new document the circumstances which warrant this emergency dispensing.

     This emergency dispensing shall be done only in the permitted facility which contains the nonrefillable prescription.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2013.


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